Terms and Conditions Harsh Vocal School, State: 22.02.2025
1. Scope
1.1. These General Terms and Conditions (hereinafter "GTC") govern the contractual relationship between
Harsh Vocal SchoolBritta GörtzAlter Flughafen 7A30179 HannoverGermany
E-mail: britta@harsh-vocal-school.de
(hereinafter also referred to as "HVS"), accessible via the webshop domains https://harsh-vocal-school.de and the customer.
1.2. All agreements made between you and us in connection with the purchase contract are derived in particular from these terms of sale, our written order confirmation, and our acceptance declaration.
1.3. The version of the GTC valid at the time of contract conclusion is decisive.
1.4. We do not accept deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
2. Conclusion of Contract
2.1. The presentation and promotion of items in our online shop do not constitute a binding offer to conclude a purchase contract.
2.2. Contracts for items from the HVS assortment can be concluded in either German or English.
2.3. The customer can select products from the HVS assortment and collect them in a so-called shopping cart by clicking the "Select Appointment" button. The order can be modified or completed via the "Checkout" button. Before submitting the order, the customer can review and change the entered data at any time. By clicking the "Place Binding Order" button, the customer submits a binding contractual offer to purchase the items in the shopping cart. However, the offer can only be submitted and transmitted if the customer accepts these contractual terms by marking the checkboxes "I accept the General Terms and Conditions" and "I agree to the processing of my data as outlined in the Privacy Policy" and thereby includes them in their offer.
2.4. By placing an order, the customer declares a binding intention to purchase the ordered goods and submits a binding contractual offer. We will confirm receipt of the order in accordance with § 312i Abs. 1 S. 1 Nr. 3 BGB (German Civil Code) without delay by sending an automatic order confirmation via email.
2.5. The order confirmation does not yet constitute a binding acceptance of the order. The purchase contract for the ordered goods is only concluded upon dispatch of the ordered goods.
2.6. If no copies of the selected product are available or if it is temporarily unavailable at the time of the customer's order, HVS will inform the customer via email. If the product is permanently unavailable, no contract will be concluded in this case.
2.7. A sale with a so-called quota restriction (e.g., max. 4 tickets) should not be carried out more than once with the same buyer. HVS is therefore entitled to withdraw from any additional quota purchase contract as soon as it becomes apparent (e.g., if the account holder from which HVS receives the payment for the second, third, etc., quota purchase contract matches that of the first purchase) that the buyers of the respective quota purchase contracts are identical.
3. Prices and Payment Terms
3.1. The prices valid at the time of the order are those displayed directly next to the images or descriptions of the goods on our website. The stated purchase prices are final prices. In the case of mail-order purchases, the purchase price is subject to the delivery and shipping costs incurred according to the payment terms. The corresponding shipping costs are indicated to the customer in the order form and must be borne by the customer.
3.2. The price, including taxes and any applicable shipping costs, is also displayed in the order form before you submit the order. For deliveries outside Germany, additional costs may arise when importing into a third country (customs duties, potential customs fees, and import VAT), which will be added to the stated price.
3.3. All charges are due immediately upon conclusion of the contract. If the customer does not pay or delays payment, HVS may at any time refrain from shipping the ordered goods, thereby preventing the purchase contract from being concluded.
3.4. The customer may make payments in advance by bank transfer (prepayment) or via PayPal (prepayment). In the case of prepayment, shipping/delivery of the goods will only take place after receipt of payment, which the customer agrees to upon contract conclusion.
3.5. The customer is not entitled to offset claims against our demands unless their counterclaims have been legally established or are undisputed. The customer is also entitled to offset claims against our demands if they assert complaints about defects or counterclaims from the same purchase contract.
4. Delivery Conditions
4.1. HVS is entitled to make partial deliveries as long as this is reasonable for the customer. If we fulfill the order through partial deliveries, the customer will only be charged shipping costs for the first partial delivery. If the partial deliveries are made at the customer's request, we will charge shipping costs for each partial delivery.
4.2. HVS strives to ensure that the delivery period does not exceed a maximum of ten (10) business days after receipt of payment, unless otherwise agreed. The delivery period begins – subject to the provision in Section 3.4, Sentence 2 – upon contract conclusion. Depending on postal transit times, which HVS cannot influence, longer delivery times may occur. HVS is available to the customer for any inquiries at any time via email at shop@HVS.rocks.
4.3. Various types of postal or package shipping are available as delivery methods, as well as ticket delivery via email.
4.4. For ticket sales, HVS is entitled to provide the ticket for pickup at the event venue on the day of the event. In this case, HVS will notify the buyer via email and/or phone no later than three days before the event regarding the ticket pickup.
4.5. Online and in-person private lessons are scheduled by arrangement and within business hours from Monday to Friday, 9:00 AM – 6:00 PM. There is no fixed deadline for service fulfillment; however, HVS will make every effort to offer timely appointments.
5. Right of Withdrawal for Consumers
5.1. If the customer is a consumer (i.e., a natural person who places an order for a purpose that cannot be attributed to their commercial or self-employed professional activity), they are entitled to a right of withdrawal in accordance with legal provisions.
5.2. If the customer, as a consumer, exercises their right of withdrawal under Section 5.1, they must bear the regular costs of returning the goods.
5.3. In addition, the following provisions apply to the right of withdrawal:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods or – in the case of a single order covering multiple goods delivered separately – the last good for which the right of withdrawal is not excluded.
To exercise your right of withdrawal, you must inform us,
Harsh Vocal SchoolBritta GörtzAlter Flughafen 7A30179 HannoverGermany
Em-ail: britta@harsh-vocal-school.de
by means of a clear declaration (e.g., a letter sent by post, telephone, or email) about your decision to withdraw from the contract. To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We may withhold the reimbursement until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day you notify us of your withdrawal from this contract:
Harsh Vocal SchoolBritta GörtzAlter Flughafen 7A30179 HannoverGermany
E-mail: britta@harsh-vocal-school.de
The deadline is met if you send the goods before the fourteen-day period expires.
You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if this loss in value results from handling them in a way that is not necessary to establish their nature, characteristics, and functioning.
– End of Withdrawal Policy –
5.4. The right of withdrawal does not apply
5.4.1. to the delivery of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer (§ 312g Abs. 2 No. 1 BGB),
5.4.2. to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery (§ 312g Abs. 2 No. 6 BGB).
5.4.3. to the purchase of concert tickets, workshop tickets, and tickets for the Harsh Vocal Camp (§ 312g Abs. 2 No. 9 BGB).
6. Warranty
6.1. If the buyer is a consumer, they initially have the choice of whether the supplementary performance should be carried out through rectification or replacement delivery. However, we are entitled to refuse the chosen type of supplementary performance if it is only possible at disproportionate cost and the other type of supplementary performance remains without significant disadvantages for the consumer.
6.2. If the supplementary performance fails, the customer may, at their discretion, demand a reduction in the price (reduction) or withdrawal from the contract (rescission). However, in the case of only minor contractual non-compliance, particularly in the case of minor defects, the customer is not entitled to withdraw from the contract.
6.3. Entrepreneurs must report obvious defects to us in writing within a period of 2 weeks from receipt of the goods; otherwise, the assertion of the warranty claim is excluded. Sending the notification in time is sufficient for compliance with the deadline. The entrepreneur bears the full burden of proof for all claim prerequisites, particularly for the defect itself, the time of its detection, and the timeliness of the defect notification.
6.4. For entrepreneurs, the warranty period is one year from the delivery of the goods. For consumers, the limitation period is two years from the delivery of the goods.
6.5. The customer does not receive any guarantees in the legal sense from us. Manufacturer warranties remain unaffected by this.
7. Liability
7.1. We are liable to the customer in all cases of contractual and non-contractual liability for damages or reimbursement of futile expenses in accordance with the statutory provisions in cases of intent and gross negligence.
7.2. In all other cases – unless otherwise specified in Section 7.3 – we are only liable for the violation of a contractual obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you as a customer may regularly rely (so-called cardinal obligation). In such cases, our liability is limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provisions of Section 7.3.
7.3. Our liability for damages resulting from injury to life, body, or health, as well as under the Product Liability Act, remains unaffected by the above limitations and exclusions of liability.
7.4. If an item listed on the website is unavailable at the time of the customer's order, the customer is not entitled to claim damages before a valid contract is concluded.
8. Final Provisions
8.1. The law of the Federal Republic of Germany applies, and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply. If the customer has placed the order as a consumer and has their habitual residence in another country at the time of the order, the mandatory legal provisions of that country remain unaffected by the choice of law stated in sentence 1.
8.2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for disputes arising from this contract is our business location. The same applies if the customer does not have a general place of jurisdiction in Germany or if their residence or habitual abode is unknown at the time legal action is taken.
8.3. Complaint procedure via Online Dispute Resolution for consumers (OS): ec.europa.eu. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
8.4. If individual provisions of the contract with the customer, including these General Terms and Conditions, are wholly or partially invalid or become invalid, or if the contract contains unforeseen regulatory gaps, the validity of the remaining provisions shall remain unaffected.
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